17 VISTA FEE ASSOCS. v. TEACHERS INS. & ANNUITY ASS'N OF AM.


226 A.D.2d 298 (1996)

642 N.Y.S.2d 625

17 Vista Fee Associates et al., Appellants, v. Teachers Insurance and Annuity Association of America, Respondent 17 Vista Fee Associates et al., Third-Party Plaintiffs-Appellants, v. Jaros Baum & Bolles, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 30, 1996


The main action is one in contract seeking to recover payment thereunder; defendant asserted by way of defense and counterclaim breach of certain conditions. The action proceeded to completion of discovery and the setting of a trial date when, almost three years after commencement of the action, plaintiffs commenced a third-party action against an engineering firm upon which they seek to impose any liability with respect to the counterclaims. Inasmuch as there exist...

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